People v Drake, 2018 NY Slip Op 06464 [164 AD3d 1674]

September 28, 2018

Appellate Division, Fourth Department

[*1]

The People of the State of New York, Respondent,

v

Marc A. Drake, Appellant.

—Motion to dismiss granted. Memorandum: The matter is remitted to Supreme Court, Monroe County, to vacate the judgment of conviction and dismiss the indictment either sua sponte or on application of either the District Attorney or the counsel for defendant ( see People v Matteson , 75 NY2d 745 [1989]). Present—Whalen, P.J., Smith, Centra, Peradotto and Carni, JJ..